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Wednesday, September 22, 2021
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What is Article 131? What Is The Kerala Government Using It For?

One minute read. Written by a grade 8 student.

Kerala has become the first state to file a case in the Supreme Court against the Citizenship (Amendment) Act or the CAA

By I Kid You Not , in News , at January 16, 2020 Tags: , , , , ,

One minute read. Written by a grade 8 student.

Kerala has become the first state to file a case in the Supreme Court against the Citizenship (Amendment) Act or the CAA (an Act is something like a rule). The CAA, as you may know, is an Act that was passed by the Parliament of India on 11 December 2019.  It provides an opportunity for religious minorities who had fled (run away from) persecution (bad treatment) from Pakistan, Bangladesh and Afghanistan before December 2014. These minorities include Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Muslims were not given such eligibility. There have been protests around the country against this Act.

Now, the government of Kerala government has said that it does not believe in the Act and has filed a petition (like an application) against it in the Supreme Court using Article 131.
It has said that the CAA violates (goes against) right to equality under Article 14 of the Constitution of India, right to life under Article 21 and freedom to practice religion under Article 25

What is Article 131?

It’s a little complicated, but to simplify it – think of it as a right that the States have at times when there is a disagreement with the Central government. So, in the case of a dispute (fight) between the government of India and one more States, the Article gives the State the right to go to the Supreme Court with the matter.

So, basically Article 131 allows a state to file a suit (court case) in the Supreme Court in case of any dispute that it may have with the central government.

But, it’s not so simple because citizenship is something that falls under the central government and Article 256 of the Indian Constitution says that states have to agree to such laws made by the central government.

Kerala is ruled by the The Left Democratic Front (LDF). It is a partnership of some political parties, which does not include the BJP. Pinarayi Vijayan is the Chief Minister of Kerala

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